Heard Mr.S.P.Majmudar, learned advocate for the petitioners. It is submitted by him that the petitioners have submitted their objections to the Draft Development Plan which are not being decided. Further, the procedure for varying the Development Plan has not been followed by respondent No.3 and without hearing the petitioners or issuing notice to them, action is being taken regarding construction of the road, which would ultimately affect the residential premises of the petitioners. The learned advocate further submits that some of the affected persons have approached this Court twice, earlier, by filing Special Civil Application No.12283 of 2010 and Special Civil Application No.14892 of 2010, which were disposed of on a statement made by the learned counsel for the Surat Municipal Corporation, to the effect that the Officers of the Corporation shall act only in accordance with law and shall follow due procedure. It is submitted that the action now being taken by respondent No.3, is not in accordance with the procedure envisaged by the provisions of the Gujarat Town Planning and Urban Development Act, 1979.
Issue Notice returnable on 03.02.2012.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top